Czech Republic

Czech republic - Act on International Judicial Cooperation in Criminal Matters 2013 EN


Section 10 Receiving and Transferring Persons and Items
(1) Anypersontransferredwithintheframeworkofinternationaljudicialcooperationtothe Czech Republic from a foreign state will be received from the foreign authority by the Police of the Czech Republic and handed over to a facility for execution of protective measures or the nearest custody prison, unless this Act stipulates otherwise. This facility or prison will inform the competent court and the public prosecutor conducting supervision in the facility or prison about the placement of this person into their care, and if the person is placed into the prison or facility in the pre-trial state of proceedings under the Code of Criminal Procedure, they will inform also the public prosecutor conducting supervision over maintaining legality in pre-trial proceedings. In relation to take-over of this person they will also take over items belonging to this person from the foreign authority and items, including documents, related to the actions of international judicial cooperation, for which is the person received, if it is possible; otherwise they will proceed pursuant to Sub-section (3).
(2) The person transferred to a foreign state will be taken by the Police of the Czech Republic from the prison or facility for the execution of protective measures and handed over to the foreign authority. In relation to transfer of this person the Police of the Czech Republic will hand over to the foreign authority also items belonging to this person and items, including documents, related to the actions of international judicial cooperation, for which is the person transferred.
(3) The Police of the Czech Republic will hand over to the foreign authority or take over from it items related to the action of international judicial cooperation, if it is not possible or appropriate to send it via the operator of postal services or to transfer it in another way. The Police of the Czech Republic will similarly secure transit of items through the territory of the Czech Republic, including its take-over and hand-over to the foreign authority.
(4) If a person, for which a court has issued an arrest warrant, order for apprehension or order for delivery for execution of a sentence, or concerning who the court took steps aimed towards his delivery for execution of a protective measure associated with incarceration, is to be banished or otherwise transferred according to the law of this state, and the foreign state is willing to transfer this person to the Czech Republic without deciding on his extradition, the procedure of receiving such a person will governed accordingly by Section 83 (1) first and third sentence, or the Police of the Czech Republic may reimburse the foreign state, authorities of which transferred this person to the territory of the Czech Republic, for the costs associated with his transfer. For these purposes may the judicial and central authority provide the foreign authority with necessary information, including personal data and translations of documents.
(5) The person, who is transferred to a foreign authority or received from it pursuant to this Act, does not need to be equipped with a travel document for the purpose of crossing state borders.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 107 Transfer of the person upon completion of sentence

1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.

2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.

3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.